Derogation from Agri-Environment Climate Scheme (AECS) contracts: EIR release

Information requested

You asked for ‘information and correspondence involving the Scottish Government and its agencies relating to decisions to allow a derogation from Agri-Environment Climate Scheme contracts on the Western Isles to allow early cutting of grass crops that would otherwise not have been allowed (for the ostensive purpose of avoiding crop damage by greylag geese)’.

You would like to understand the decision-making process to offer the derogation and therefore request:

1. Any analysis, reports, commissioned work, impact assessments or other relevant documentation that informed the decision to offer a derogation from AECS agreements.

2. Any emails relating to this decision being made by RPID staff.

3. Any correspondence with NatureScot that informed this decision.

4. Any correspondence with other organisations or stakeholders that informed this decision.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

I enclose a copy of all available information you requested in pdf. format.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

You may wish to contact NatureScot at the following email address foi@nature.scot, as they may hold further information relating to analysis, reports, commissioned work, impact assessments and other relevant documentation that informed the decision to offer a derogation from AECS agreements and its insertion into the option guidance back in 2017/18.

There is also Supporting guidance for Cropped Machair (ruralpayments.org) that was published 2 November, 2017 available to the public to review.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500497647 - Information Released - Documents

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PDF

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413.1 kB